Opinion
Case No. 1:13-cr-50
03-25-2019
UNITED STATES OF AMERICA, Plaintiff, v. DONTE BOOKER, Defendant.
OPINION & ORDER
[Resolving Docs. 196, 197] :
In March 2013, a federal jury convicted Defendant Donte Booker of attempted possession with intent to distribute five kilograms of a cocaine mixture. The Court then sentenced Booker to 200 months' incarceration and five years' supervised release. Defendant Booker has since mounted a series of attacks on his sentence and conviction, two of which are relevant here.
Doc 32.
Doc. 57.
In December 2017, Booker moved to reopen his previously denied habeas petition. The Court denied his motion. Booker appealed that decision. Then, in May 2018, Booker moved to reduce his sentence. The Court denied that motion as well and Booker again appealed. Both of these appeals, which the Sixth Circuit has since consolidated, are still pending.
Doc. 153.
Doc. 164.
Doc. 176.
Doc. 180.
Docs. 188, 189.
See Doc. 195.
Now, Booker is back again, this time asking the Court to correct his presentence report. He also asks to supplement that motion to correct.
Doc. 196.
Doc. 197.
Generally, a notice of appeal divests a district court of jurisdiction over the case. Although there are some exceptions to the rule (like when a notice of appeal is untimely or the issues on appeal are unrelated to those before the Court), none of them appear relevant here. Accordingly, the Court lacks jurisdiction over Booker's motions while the Sixth Circuit considers his appeals.
Lewis v. Alexander, 987 F.2d 392, 394 (6th Cir. 1993).
Id. at 394-95. --------
Thus, the Court DENIES Defendant's motion to correct and DENIES Defendant's motion to supplement, without prejudice for him to refile when the Court regains jurisdiction.
IT IS SO ORDERED. Dated: March 25, 2019
/s/_________
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE